By: Geren (Senate Sponsor - Nelson) H.B. No. 844
         (In the Senate - Received from the House April 27, 2011;
  May 2, 2011, read first time and referred to Committee on
  Intergovernmental Relations; May 19, 2011, reported favorably by
  the following vote:  Yeas 5, Nays 0; May 19, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the sale or lease of property by certain municipalities
  owning land near the shoreline of certain lakes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 272.001(h), Local Government Code, is
  amended to read as follows:
         (h)  A municipality having a population of 825,000 [575,000]
  or less and owning land within 5,000 feet of where the shoreline of
  a lake would be if the lake were filled to its storage capacity may,
  without notice or the solicitation of bids, sell the land to the
  person leasing the land for the fair market value of the land as
  determined by a certified appraiser. While land described by this
  subsection is under lease, the municipality owning the land may not
  sell the land to any person other than the person leasing the land.
  To protect the public health, safety, or welfare and to ensure an
  adequate municipal water supply, property sold by the municipality
  under this subsection is not eligible for and the owner is not
  entitled to the exemption provided by Section 11.142(a), Water
  Code. The instrument conveying property under this subsection must
  include a provision stating that the exemption does not apply to the
  conveyance. In this subsection, "lake" means an inland body of
  standing water, including a reservoir formed by impounding the
  water of a river or creek but not including an impoundment of salt
  water or brackish water, that has a storage capacity of more than
  10,000 acre-feet.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
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